Renowned academic Professor Stephen Kwaku Asare (aka Kwaku Azar) has rejected assertions that his petition against the Chief Justice during the erstwhile Akufo-Addo administration lacked substance.
Speaking on the KeyPoints with Alfred Ocansey on April 26 for the first time about the petition, he insisted that his case was built on concrete facts, not mere allegations.
He explained that when filing a petition to the President, the petitioner’s role is not to present full evidence but to demonstrate enough concern to warrant a formal enquiry.
In his petition, Prof. Asare said he provided dates, events, and even named witnesses including Justice Dzamefe who would testify during an enquiry.
“Those who claim I had no evidence misunderstand the process. The President is not a trier of fact. His role was only to determine whether there was enough to pass it to a committee,” he stated.
Prof. Asare revealed that suspended Chief Justice Gertrude Torkornoo’s actions in naming specific judges for promotion and altering court panels mid-hearing, were serious breaches of judicial procedure and constitutional norms.
He also cited instances where directives were issued for the regulation of courts without adhering to the constitutional process that requires collaboration with the Judicial Council and Parliament.
He described these actions as a grievous violation of the Constitution and reiterated that addressing them is essential to prevent a future in which Chief Justices wield unchecked influence over the judiciary.
“If we don’t resolve these issues now, we risk entrenching practices that could destroy the integrity of the courts,” he warned.
Prof Asare’s petition failed because President Akufo-Addo and the Council of state did not find it worth pursuing.